What is driving under suspension in Connecticut?
Full Question:
What is driving under suspension in Connecticut?
06/22/2007 |
Category: Drivers License |
State: Connecticut |
#6629
Answer:
The following are CT statutes:
Sec. 14-36. Motor vehicle operator's license. Learner's permit. Limited
license. Requirements. Driving history record check. Penalty. Regulations.
(a) Motor vehicle operator's license required for operation of motor
vehicle. Except as otherwise provided by this section and section 14-40a,
no person shall operate a motor vehicle on any public highway of this state
or private road on which a speed limit has been established in accordance
with subsection (a) of section 14-218a until such person has obtained a
motor vehicle operator's license.
(b) Instruction of persons eighteen years of age or older. Out-of-state
license holders. Minimum age. (1) A person eighteen years of age or older
may operate a motor vehicle without a motor vehicle operator's license if
(A) such person has not had a Connecticut motor vehicle operator's license
suspended or revoked, and (B) such person is under the instruction of, and
accompanied by, a person who holds an instructor's license issued under the
provisions of section 14-73 or a person twenty years of age or older who
has been licensed to operate, for at least four years preceding the
instruction, a motor vehicle of the same class as the motor vehicle being
operated and who has not had his or her motor vehicle operator's license
suspended by the commissioner during the four-year period preceding the
instruction. (2) A person holding a valid out-of-state motor vehicle
operator's license may operate a motor vehicle for a period of thirty days
following such person's establishment of residence in Connecticut, if the
motor vehicle is of the same class as that for which his or her
out-of-state motor vehicle operator's license was issued. (3) No person may
cause or permit the operation of a motor vehicle by a person under sixteen
years of age.
(c) Learner's permit. (1) On or after January 1, 1997, a person who is
sixteen or seventeen years of age and who has not had a motor vehicle
operator's license or right to operate a motor vehicle in this state
suspended or revoked may apply to the Commissioner of Motor Vehicles for a
learner's permit. The commissioner may issue a learner's permit to an
applicant after the applicant has passed a vision screening and test as to
knowledge of the laws concerning motor vehicles and the rules of the road,
has paid the fee required by subsection (v) of section 14-49 and has filed
a certificate, in such form as the commissioner prescribes, requesting or
consenting to the issuance of the learner's permit and the motor vehicle
operator's license, signed by (A) one or both parents or foster parents of
the applicant, as the commissioner requires, (B) the legal guardian of the
applicant, (C) the applicant's spouse, if the spouse is eighteen years of
age or older, or (D) if the applicant has no qualified spouse and such
applicant's parent or foster parent or legal guardian is deceased,
incapable, domiciled without the state or otherwise unavailable or unable
to sign or file the certificate, the applicant's stepparent, or uncle or
aunt by blood or marriage, provided such person is eighteen years of age or
older. The commissioner may, for the more efficient administration of the
commissioner's duties, appoint any drivers' school licensed in accordance
with the provisions of section 14-69 or any secondary school providing
instruction in motor vehicle operation and highway safety in accordance
with section 14-36e to issue a learner's permit, subject to such standards
and requirements as the commissioner may prescribe in regulations adopted
in accordance with chapter 54. Each learner's permit shall expire on the
date the holder of the permit is issued a motor vehicle operator's license
or on the date the holder attains the age of eighteen years, whichever is
earlier. (2) The learner's permit shall entitle the holder, while such
holder has the permit in his or her immediate possession, to operate a
motor vehicle on the public highways, provided such holder is under the
instruction of, and accompanied by, a person who holds an instructor's
license issued under the provisions of section 14-73 or a person twenty
years of age or older who has been licensed to operate, for at least four
years preceding the instruction, a motor vehicle of the same class as the
motor vehicle being operated and who has not had his or her motor vehicle
operator's license suspended by the commissioner during the four-year
period preceding the instruction. The holder of a learner's permit who (A)
is an active member of a certified ambulance service, as defined in section
19a-175, (B) has commenced an emergency vehicle operator's course that
conforms to the national standard curriculum developed by the United States
Department of Transportation, and (C) has had state and national criminal
history records checks conducted by the certified ambulance service or by
the municipality in which such ambulance service is provided, shall be
exempt from the provisions of this subdivision only when such holder is en
route to or from the location of the ambulance for purposes of responding
to an emergency call. (3) The commissioner may revoke any learner's permit
used in violation of the limitations imposed by subdivision (2) of this
subsection.
(d) Operator's license application requirements for sixteen and
seventeen-year-olds. (1) No motor vehicle operator's license shall be
issued to any applicant who is sixteen or seventeen years of age unless the
applicant has held a learner's permit and has satisfied the requirements
specified in this subsection. The applicant shall (A) present to the
commissioner a certificate of the successful completion (i) in a public
secondary school, a state vocational school or a private secondary school
of a full course of study in motor vehicle operation prepared as provided
in section 14-36e, (ii) of training of similar nature provided by a
licensed drivers' school approved by the commissioner, or (iii) of home
training in accordance with subdivision (2) of this subsection, including,
in each case, or by a combination of such types of training, successful
completion of not less than twenty clock hours of behind-the-wheel,
on-the-road instruction; (B) present to the commissioner a certificate of
the successful completion of a course of not less than eight hours relative
to safe driving practices, including a minimum of four hours on the nature
and the medical, biological and physiological effects of alcohol and drugs
and their impact on the operator of a motor vehicle, the dangers associated
with the operation of a motor vehicle after the consumption of alcohol or
drugs by the operator, the problems of alcohol and drug abuse and the
penalties for alcohol and drug-related motor vehicle violations; and (C)
pass an examination which shall include a comprehensive test as to
knowledge of the laws concerning motor vehicles and the rules of the road
and an on-the-road skills test as prescribed by the commissioner. At the
time of application and examination for a motor vehicle operator's license,
an applicant sixteen or seventeen years of age shall have held a learner's
permit for not less than one hundred eighty days, except that an applicant
who presents a certificate under subparagraph (A)(i) or subparagraph
(A)(ii) of this subdivision shall have held a learner's permit for not less
than one hundred twenty days and an applicant who is undergoing training
and instruction by the handicapped driver training unit in accordance with
the provisions of section 14-11b shall have held such permit for the period
of time required by said unit. The Commissioner of Motor Vehicles shall
approve the content of the safe driving instruction at drivers' schools,
high schools and other secondary schools. Such hours of instruction
required by this subdivision shall be included as part of or in addition to
any existing instruction programs. Any fee charged for the course required
under subparagraph (B) of this subdivision shall not exceed an amount
prescribed by the commissioner by regulation, adopted in accordance with
chapter 54. Any applicant sixteen or seventeen years of age who, while a
resident of another state, completed the course required in subparagraph
(A) of this subdivision, but did not complete the safe driving course
required in subparagraph (B) of this subdivision, shall complete the safe
driving course, and any fee charged for the course shall not exceed an
amount prescribed by the commissioner by regulation, adopted in accordance
with chapter 54. The commissioner may waive any requirement in this
subdivision, except for that in subparagraph (C) of this subdivision, in
the case of an applicant sixteen or seventeen years of age who holds a
valid motor vehicle operator's license issued by any other state, provided
the commissioner is satisfied that the applicant has received training and
instruction of a similar nature. (2) The commissioner may accept as
evidence of sufficient training under subparagraph (A) of subdivision (1)
of this subsection home training as evidenced by a written statement signed
by the spouse of a married minor applicant, or by a parent, grandparent,
foster parent or legal guardian of an applicant which states that the
applicant has obtained a learner's permit and has successfully completed a
driving course taught by the person signing the statement, that the signer
has had an operator's license for at least four years preceding the date of
the statement, and that the signer has not had such license suspended by
the commissioner for at least four years preceding the date of the
statement or, if the applicant has no spouse, parent, grandparent, foster
parent or guardian so qualified and available to give the instruction, a
statement signed by the applicant's stepparent, brother, sister, uncle or
aunt, by blood or marriage, provided the person signing the statement is
qualified. (3) If the commissioner requires a written test of any applicant
under this section, the test shall be given in English or Spanish at the
option of the applicant, provided the commissioner shall require that the
applicant shall have sufficient understanding of English for the
interpretation of traffic control signs. (4) The Commissioner of Motor
Vehicles may adopt regulations, in accordance with the provisions of
chapter 54, to implement the purposes of this subsection concerning the
content of safe driving instruction at drivers' schools, high schools and
other secondary schools.
(e) General requirements for obtaining motor vehicle operator's license.
Proof of identity. Demonstration of driving skills. Fitness of operators.
(1) No motor vehicle operator's license shall be issued until (A) the
applicant signs and files with the commissioner an application under oath,
or made subject to penalties for false statement in accordance with section
53a-157b, and (B) the commissioner is satisfied that the applicant is
sixteen years of age or older and is a suitable person to receive the
license. (2) An applicant for a new motor vehicle operator's license shall,
in the discretion of the commissioner, file, with the application, a copy
of such applicant's birth certificate or other prima facie evidence of date
of birth and evidence of identity. (3) Before granting a license to any
applicant who has not previously held a Connecticut motor vehicle
operator's license, or who has not operated a motor vehicle during the
preceding two years, the commissioner shall require the applicant to
demonstrate personally to the commissioner, a deputy or a motor vehicle
inspector or an agent of the commissioner, in such manner as the
commissioner directs, that the applicant is a proper person to operate
motor vehicles of the class for which such applicant has applied, has
sufficient knowledge of the mechanism of the motor vehicles to ensure their
safe operation by him or her and has satisfactory knowledge of the laws
concerning motor vehicles and the rules of the road. If any such applicant
has held a license from a state, territory or possession of the United
States where a similar examination is required, or if any such applicant is
a person honorably separated from the United States armed forces who
applies within two years following the separation and who, prior to the
separation, held a military operator's license for motor vehicles of the
same class as that for which such applicant has applied, the commissioner
may waive part or all of the examination. When the commissioner is
satisfied as to the ability and competency of any applicant, the
commissioner may issue to such applicant a license, either unlimited or
containing such limitations as the commissioner deems advisable, and
specifying the class of motor vehicles which the licensee is eligible to
operate. (4) If any applicant or operator license holder has any health
problem which might affect such person's ability to operate a motor vehicle
safely, the commissioner may require the applicant or license holder to
demonstrate personally or otherwise establish that, notwithstanding such
problem, such applicant or license holder is a proper person to operate a
motor vehicle, and the commissioner may further require a certificate of
such applicant's condition, signed by a medical authority designated by the
commissioner, which certificate shall in all cases be treated as
confidential by the commissioner. A license, containing such limitation as
the commissioner deems advisable, may be issued or renewed in any case, but
nothing in this section shall be construed to prevent the commissioner from
refusing a license, either limited or unlimited, to any person or
suspending a license of a person whom the commissioner determines to be
incapable of safely operating a motor vehicle. Consistent with budgetary
allotments, each motor vehicle operator's license issued to or renewed by a
deaf or hearing impaired person shall, upon the request of such person,
indicate such impairment. Such person shall submit a certificate stating
such impairment, in such form as the commissioner may require and signed by
a licensed health care practitioner. (5) The issuance of a motor vehicle
operator's license to any applicant who is the holder of a license issued
by another state shall be subject to the provisions of sections 14-111c and
14-111k.
(f) Limited license. No person issued a limited license shall operate (1)
a motor vehicle in violation of the limitations imposed by such license, or
(2) any motor vehicle other than the motor vehicle for which such person's
right to operate is limited.
(g) Driving history record check. Before issuing a motor vehicle
operator's license in accordance with this section or section 14-44c, the
commissioner shall request information from the National Driver Registry
and the Commercial Driver License Information System, in accordance with
the provisions of 49 CFR section 383.73. Each driving history record shall
contain a notation of the date on which such inquiry was made.
(h) Penalties. (1) Any person who violates any provision of this section
shall, for a first offense, be deemed to have committed an infraction and
be fined not less than seventy-five dollars or more than ninety dollars
and, for any subsequent offense, shall be fined not less than two hundred
fifty dollars or more than three hundred fifty dollars or be imprisoned not
more than thirty days, or both.
(2) In addition to the penalty prescribed under subdivision (1) of this
subsection, any person who violates any provision of this section who (A)
has, prior to the commission of the present violation, committed a
violation of this section or subsection (a) of section 14-215, shall be
fined not more than five hundred dollars or sentenced to perform not more
than one hundred hours of community service, or (B) has, prior to the
commission of the present violation, committed two or more violations of
this section or subsection (a) of section 14-215, or any combination
thereof, shall be sentenced to a term of imprisonment of ninety days which
may not be suspended or reduced in any manner.
(i) Regulations. The Commissioner of Motor Vehicles may adopt
regulations, in accordance with chapter 54, to implement the provisions of
this section.
Sec. 14-44j. Notification of convictions, suspensions, revocations and
cancellations by holder of commercial driver's license. Information re
previous employment. Penalty.
(a) Each person who holds a commercial driver's license issued by the
commissioner and who is convicted of violating, while operating any type of
motor vehicle, any law of any other state or any province of Canada
relating to motor vehicle traffic control, other than a parking violation,
shall notify the commissioner within thirty days after the date such person
has been convicted of any such violation. The commissioner may prescribe,
by regulations adopted in accordance with chapter 54, the method and manner
of notification pursuant to this subsection.
(b) Each person who holds a commercial driver's license who is convicted
of violating any provision of the law of this state, any other state or any
province of Canada relating to motor vehicle traffic control, other than a
parking violation, shall notify his employer within thirty days after such
person has been convicted of any such violation.
(c) Each employee whose operating privileges are suspended, revoked or
cancelled by the commissioner or by any other state or any province of
Canada, or who is disqualified from driving a commercial motor vehicle, or
who is subject to an out-of-service order, must notify his employer of such
fact before the end of the business day following the day the driver
received notice of such fact.
(d) Any person who applies for employment as a driver of a commercial
motor vehicle shall provide his prospective employer, at the time of
application, with the following information for the ten years preceding the
date of application:
(1) A list of names and addresses of the applicant's previous employers
for which the applicant was a driver of a commercial motor vehicle;
(2) The dates between which the applicant drove for each employer; and
(3) The reason for leaving that employer. The applicant must certify that
all information furnished is true and complete. An employer may require an
applicant to provide additional information.
(e) Each employer shall require the applicant to provide the information
specified in subsection (d) of this section.
(f) No employer shall knowingly permit or require a driver to drive a
commercial motor vehicle during any period (1) in which the driver has had
his driver's license suspended, revoked or cancelled by the commissioner,
or operating privilege suspended, revoked or cancelled by any other state,
or has been disqualified from driving a commercial motor vehicle, or is
subject to an out-of-service order, or (2) in which the driver has more
than one driver's license.
(g)(1) Any person who violates any provision of this section shall be
deemed to have committed an infraction, and, for any subsequent offense,
shall be fined not more than five hundred dollars.
(2) Any employer which knowingly permits or requires a driver to operate
a commercial motor vehicle in violation of an out-of-service order shall be
subject to a civil penalty of not less than two thousand seven hundred
fifty dollars or more than eleven thousand dollars.
(P.A. 90-263, S. 32, 74; P.A. 97-236, S. 9, 27; P.A. 04-217, S. 11;
P.A. 05-288, S. 56.)
History: P.A. 90-263, S. 32 effective July 1, 1991; P.A. 97-236 amended
Subsec. (f) to substitute "knowingly permit or require" for "knowingly
allow, permit or authorize" and amended Subsec. (g) to divide section into
Subdivs., adding as Subdiv. (2) provision re civil penalty for any employer
which knowingly permits or requires a driver to operate a commercial motor
vehicle in violation of an out-of-service order, effective July 1, 1997;
P.A. 04-217 amended Subsec. (g) to increase civil penalty to not less than
$2,750 or more than $11,000, effective January 1, 2005; P.A. 05-288 made a
technical change in Subsec. (g)(2), effective July 13, 2005.
